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Entail Improvement Act 1770

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Entail Improvement Act 1770, Section 20 is up to date with all changes known to be in force on or before 14 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation


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20 Claimant of money expended by proprietor, to require payment, within 2 years after his decease, of succeeding heir: and on nonpayment for 6 months, to institute action etc.S

And whereas inconveniences and confusion might arise from the executor, assignee, or other person or persons having right to the claim arising from money expended by the proprietor of an entailed estate in the improvement thereof, their not timeously requiring the heir next succeeding in the estate to pay what they are entitled to receive by authority of this Act, and suing such heir to compel him to pay, if payment is not made: For remedy whereof, the executor, assignee, or other person or persons having right to the claim arising from money expended by the proprietor of an entailed estate in the improvement thereof, shall be obliged, within the space of two years after the death of the proprietor who expended the money, to require payment from the succeeding heir; and within the space of six months after the lapse of the said two years to institute an action if the money is not paid, in the Court of Session; and to proceed without delay in recovering a decree for the sum due, and doing exact diligence for recovering payment thereof, or at least to the amount of one third part of the free rents of the estate which shall have become due to such succeeding heir.

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